NASA SBIR/STTR Program Solicitation Details | 5. Considerations

Upon award of a Funding Agreement, the awardee will be required to make certain legal commitments through acceptance of numerous clauses in Funding Agreements. The outline that follows is illustrative of the types of clauses to which the contractor would be committed. This list is not a complete list of clauses to be included in Funding Agreements and is not the specific wording of such clauses. Copies of complete terms and conditions are available by following the links in Appendix C.

1. Standards of Work. Work performed under the Funding Agreement must conform to high professional standards.
2. Inspection. Work performed under the Funding Agreement is subject to Government inspection and evaluation at all times.
3. Examination of Records. The Comptroller General (or a duly authorized representative) must have the right to examine any pertinent records of the awardee involving transactions related to this Funding Agreement.
4. Default. The Federal Government may terminate the Funding Agreement if the contractor fails to perform the work contracted.
5. Termination for Convenience. The Funding Agreement may be terminated at any time by the Federal Government if it deems termination to be in its best interest, in which case the awardee will be compensated for work performed and for reasonable termination costs.
6. Disputes. Any dispute concerning the Funding Agreement that cannot be resolved by agreement must be decided by the contracting officer with right of appeal.
7. Contract Work Hours. The awardee may not require an employee to work more than 8 hours a day or 40 hours a week unless the employee is compensated accordingly (for example, overtime pay).
8. Equal Opportunity. The awardee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
9. Equal Opportunity for Veterans. The awardee will not discriminate against any employee or application for employment because he or she is a disabled veteran or veteran of the Vietnam era.
10. Equal Opportunity for People with Disabilities. The awardee will not discriminate against any employee or applicant for employment because he or she is physically or intellectually disabled.
11. Officials Not to Benefit. No Federal Government official may benefit personally from the SBIR Funding Agreement.
12. Covenant Against Contingent Fees. No person or agency has been employed to solicit or secure the Funding Agreement upon an understanding for compensation except bona fide employees or commercial agencies maintained by the awardee for the purpose of securing business.
13. Gratuities. The Funding Agreement may be terminated by the Federal Government if any gratuities have been offered to any representative of the Government to secure the award.
14. Patent Infringement. The awardee must report each notice or claim of patent infringement based on the performance of the Funding Agreement.
15. American Made Equipment and Products. When purchasing equipment or a product under the SBIR Funding Agreement, purchase only American-made items whenever possible.

To simplify making contract awards and to reduce processing time, all contractors selected for contracts will ensure that:

1. All information in your complete proposal package is current (e.g., your address has not changed, the proposed PI is the same, etc.). If changes have occurred since submittal of your proposal, notify the Contracting Officer immediately.
2. Your firm is registered with System for Award Management (SAM) (section 2.2).
3. Your firm complies with the FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (VETS-4212) requirement (See Appendix D). Confirmation that a VETS-4212 report has been submitted to the Department of Labor, and is current, shall be provided to the Contracting Officer within 10 business days of the notification of selection for negotiation.
4. Your firm HAS NOT proposed a Co-Principal Investigator.
5. Your firm will provide timely responses to all communications from the NSSC Contracting Officer.
6. Budget form items:

• All proposed cost is supported with documentation, such as a quote, previous purchase order, published price lists, etc.
• All letters of commitment are dated and signed by the appropriate person with contact information.
• If a university is proposed as a subcontractor, the signed letter shall be on the university letterhead from the Office of Sponsored Programs.
• If an independent consultant is proposed, the signed letter should not be on a university letterhead.
• If the use of Government facilities or equipment is proposed, your firm shall submit a signed letter from the Government facility authorizing the use of the facility and stating the availability and the cost, if any, together with a signed letter from your firm justifying the need to use the facility.

From the time of notification of selection for contract negotiation until the award of a contract, all communications shall be submitted electronically to NSSC-SBIR-STTR@nasa.gov.

Note: Costs incurred prior to and in anticipation of award of a contract are entirely the risk of the contractor if a contract is not subsequently awarded. A notification of selection for negotiation is not to be misconstrued as an award notification to commence work.